Amendment 9 · Ratified December 15, 1791
An overview of the 9th Amendment, emphasizing its significance in protecting unenumerated rights.
Source: U.S. Const. amend. 9
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The 9th Amendment asserts that the rights of the people are not limited to just those explicitly listed in the Constitution. It serves as a reminder that individuals hold various rights that must also be respected.
The 9th Amendment was part of the Bill of Rights, created in response to concerns about the potential for the federal government to overreach and infringe on individual liberties. It reflects the founders' intention to protect a broad spectrum of rights beyond those expressly enumerated.
Test derived from the unenumerated rights principle in the context of privacy-related cases.
Holding: The Supreme Court held that a law banning contraceptives violated the right to marital privacy.
Significance: This case established a precedent for recognizing a right to privacy under the 9th Amendment and has influenced numerous subsequent rulings regarding personal liberties.
Holding: The Supreme Court ruled that a woman's right to choose to have an abortion is protected under the right to privacy.
Significance: Roe v. Wade extended the privacy rights recognized in Griswold, showing the use of the 9th Amendment to uphold personal freedoms.